The Treaty Investor (E-2) visa is a non-immigrant visa based on the 1989 treaty agreements between the US and Canada. The E-2 Visa is issued on the basis that the applicant is entering the US for the sole purpose of developing and managing a business in which they have a vested interest and intend to supervise their investment.
As such, to qualify for this visa the applicant must have invested a substantial amount of capital within the US and have a controlling interest in the investment.

Less than $100,000 100%
$100,000 to $500,000 75%
$500,000 to $3,000 000 50%
$3,000 000 and more 30%

The investor will also need to demonstrate managerial skills and business acuity.
The funds used for the investment must be the visa applicants own funds, and documentary evidence will be required to prove this. These funds, however, may be in the form of loans personally guaranteed by the applicant(s) and other assets such as equipment, inventory, patent rights, royalties and other contractual rights as long as they can be objectively appraised.
Essential employees in managerial or technical capacities requiring special training and qualifications may also be granted E status. Such status may be granted if they are needed to;

  • Establish the business (Start up)
  • Train and supervise employees in technical positions
  • Continuously monitor and develop product improvement, R & D and quality control.

Spouses and dependants under 21 may also be granted E status. Spouses and children of the E-2 visa holder may obtain a visa to enter and remain in the US but will not be allowed to work.  Children may attend school in the US.
NEW:  E-2 spouses may apply for a work authorization.   Spouses of an E-2 visa holder can now obtain US work authorization, so that they can legally work in the US and also obtain a US social security number with all its benefits; 

Here is how we can help!!! LET US BE PART OF YOUR TEAM!

The investor visa is the only US visa where, when applying, your business must be operating. 
An E-2 visa for it to be approved must be well coordinated, and each step of the procedures is very important. 
Step 1:
The applicant must have controlling shares which in the US means 50/50, so two (2) Canadian can invest 50/50 or a Canadian and an American can be 50/50 and or course, a Canadian can have 100% of the shares.
We will incorporate two (2) corporations:

    1. Incorporate holding company in Delaware where many corporations in the US and the world are incorporated, so that they can benefit from certain corporate protection;
    2. Incorporate in the State where you will be operating, which will be owned by your holding company;
    3. For other states where you will be doing business, we will obtain a permission to do business status;

Step 2:
You will need to transfer the funds for your investment into your operating company and you will need to demonstrate where the money comes from.
Step 3:
We will assist you in submitting a mini business plan for the US border.
Step 4:
We will prepare the necessary documentation to be submitted at the US Border, so you can obtain a B-1 Business Visa which will permit you start your US business activities while you are in process of investing.  You will not be allowed to work hands-on but you will be able to do any functions necessary to open and operate your business.  Of course, you will have to hire employees and you will be able to manage your operations.  And once operational, we will assist you in preparing a five-year business plan required by the US authorities.
Step 5:
You will need to manage your business for at least 60 to 120 days.  Once we are satisfied that your business is operating, we will submit your application to the US Department of State at the US Consulate in Toronto for approval.
Step 6:
Once you have been approved and have obtained your E-2 visa, your spouse will be able to apply to get a US work authorization and will be authorized to work in the US.  Your spouse  will obtain a US social security number with all the benefits.

We will be there every step of the way!!!

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